HomeMy WebLinkAbout2007-203s:\our documents\ordinances\07\z07-0014.dre
ORDINANCE NO. dM
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD MIXED USE (NRMU)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; THE AREA FOR ZONING
CHANGE ENCOMPASSES 5.226 ACRES OF LAND LOCATED AT THE SOUTHEAST
CORNER OF KINGS ROW STREET AND LOOP 288, AND IS LEGALLY DESCRIBED AS
TRACT 9A OF THE D. CULP SURVEY, ABSTRACT NUMBER 287, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FORA PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVER -ABILITY AND AN
EFFECTIVE DATE. (Z07-0014)
WHEREAS, I.K. Kim, Trustee, has applied for a change in zoning for approximately 5.226
acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference
(hereinafter the "Property"), from a Neighborhood Residential 2 (NR-2) zoning district classification
and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification
and use designation; and
WHEREAS, on August 22, 2007, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the
Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. The zoning district classification and use designation for the Property is hereby
changed from Neighborhood Residential 2 (NR-2) to Neighborhood Residential Mixed Use (NRMi 1).
Notwithstanding the attached real property description, the property being rezoned includes all
property to the centerline of all adjacent street rights -of -way.
SECTION 3. The City's official land use map is amended to show the change in the land
use designation.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, a daily newspaper published in the City ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the / e day of &Q/72 , 2007.
PE R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
(�AO&)V"�" -2
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M SNYDER, CITY ATTORNEY
siour documents\ordinances\07\z07-0014.dw
EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTES to all that certain tract of land situated in the David Culp Survey Abstract Number
287 in the City and County of Denton, Texas and being all of the called 5.226 acre Tract 2
described in the deed from Thomas E. Brosseau, Trustee to I.K. Kim Trustee recorded in Volume
4315 Page 1405 of the Real Property Records of Denton County, Texas as recognized and
occupied on the ground, the subject tract being more particularly described as follows;
BEGINNING of the Southwest corner of the tract being described herein at a capped iron rod
found for the Southwest corner of said Tract 2 and the most Westerly Northwest corner of the
called 150.603 acre Tract I, described in the Bleed to Edward F. tWolski, M.D. recorded in Volume
4100 Page 1 Real Property Records. said rod being on the Easterly right-of-way line of State
Highway Loop 288 in a curve to the left having a radius of :3940.00 feet and a chord which bears
North 44 degrees 35 minutes 42 seconds'llest a distance of 447.00 feet;
THENCE along the arc of said curve along said Loop an arc distance of 44724 feet to a concrete
tex-dot right-of-way monument found:
THENCE North 55 degrees 40 minutes 25 seconds West continuing along said Loop a distance
of 74.38 feet to a "" iron rod found:
THENCE North 47 degrees 45 minutes 11 seconds West again along said Loop a distance of
209.41 feet to a capped iron rod set stamped" KAT for a flair in said Loop,
THENCE North '17 degrees 42 minutes 55 seconds East with said flair a distance of '109.33 feet
to a concrete tex-dot right -of :way monument found on the Southern side of Kings Row;
THENCE North 02 degrees 51 Minutes 41 seconds West into said Row a distance of 25.70 feet
to the North .,est corner of said Tract 2;
THENCE South 88 degrees 29 minutes 53 seconds East with the North line thereof in said Row a
distance of 564.61 feet to a capped iron rod found stamped "KHA" for the Northeast corner of
said Tract 2 and the most Northerly Northwest corner of said '150.603 acre tract:
THENCE South 00 degrees 46 minutes '14 seconds :Nest with the West line thereof and East line
of said Tract 2 at 24.11 feet passing a 'li' iron rod found on the South side of said Row and
continuing along said course along and new a fence; in all, a total distance of 617.5'1 feet to a %"
iron rod found for the Southeast corner of said Tract 2 and inner ell corner of said 150.603 acres;
THENCE North 88 degrees :36 minutes 57 seconds 'lest with the North line thereof and South
line of said Tract 2 a distance of 57.84 feet to the PLACE OF BEGINNING and enclosing 5224
acres of land more or less.
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EXHIBIT B
,--,KING S kO,
\ "The Property"
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\ -AL
160 80 0 160 Feet
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